Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 519: To ask the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 477 of 13 November 2007, if his attention has been drawn to the fact that the person's absence from the State was due to the death of her father and her short-term return to Nigeria to attend his funeral and to deal with family matters arising; his views on whether it would be unfair and uncompassionate to deny her residency on that basis; and if verification of her father's death is needed, if he will arrange for his Department to formally contact the Nigerian authorities, as the person has been told that they will release this information only upon an official request. [29894/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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As I stated in my reply to the Parliamentary Question to which the Deputy refers, the individual concerned was refused permission to remain in the State under the IBC/05 Scheme because of her failure to provide evidence of continuous residence in the State since the birth of her Irish born child on 18 October, 2001. Specifically she has failed to provide evidence of residency for a period of approximately 3 years — from the time she left the State with her child in early 2002 until her asylum application in January 2005. I'm sure the Deputy would agree that such an absence from the State could not be regarded as short-term.

As stated, Judicial Review proceedings have been initiated in respect of this refusal, and my Department is also appealing a number of matters relating to the IBC/05 Scheme, including the issue of continuous residence, to the Supreme Court. The application in question may be considered further in light of the findings of the Court.